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2004 Supreme(SC) 1170

C.K.THAKKER, ARIJIT PASAYAT
Nandi Investments And Enterprises – Appellant
Versus
L. M. Saravamangala – Respondent


JUDGMENT

Thakker, J.-Leave granted.

Heard the learned counsel for the parties.

2. The present appeal is filed against the judgment and order passed by the High Court of Karnataka in Review Petition No. 804 of 2002 on 26th March, 2003 partly reviewing the order dated July 5, 2002 in C.R.P. No. 4299 of 2001.

3. The case has a chequered history. On September 14, 1987, the respondent herein filed a suit being O.S.No. 460 of 1987 in the Court of the Civil Judge at Mysore against the appellant-firm and its partners for recovery of a sum of Rs. 2,20,000/- with interest. On June 23, 1989, the Court of the IInd Additional Civil Judge, Mysore passed a judgment in the said suit based on admission. However, before the decree was drawn up, the parties to the said suit filed a Joint Memo praying that the judgment be confirmed only to the Principal amount of Rs. 2,20,000/- and that other matters be left open for final adjudication. Accordingly on January 6, 1990, the Court of IInd Additional Civil Judge, Mysore passed a partial decree for the principal amount of Rs. 2,20,000/-. The II Additional City Civil Judge, Mysore, after trial, passed a judgment on February 2, 1993 on the rest of the issues and
















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